Update: City plans to move forward with Beauregard removal despite land ownership claims

Update: City plans to move forward with Beauregard removal despite land ownership claims

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Updated: 5:30 PM CDT May 15, 2017

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WEBVTT WELCOME, BUT THE MONUMENTS WILLSTILL COME DOWN.CASEY: OVERNIGHT PROTESTS AT THEJEFFERSON DAVIS MONUMENT INMID-CITY LED TO FIVE ARRESTS.THE PROTESTERS WHO WANT TO KEEPTHE MONUMENTS SAY THEY FELTTHREATENED BYCOUNTER-PROTESTORS.>> WE ARE NOT GOING TO DOANYTHING ABOUT IT.WE ARE NOT HERE FOR VIOLENCE.THIS IS FOR PROTECTION.CASEY: K.K. KATTA SAYS HE SUITEDUP IN THIS A.K.-47 AFTER AFRIEND WAS HIT WITH A BOTTLE ANDSUFFERED A CONCUSSION.BUT AKILI MILLS STOPPED INSURPRISE AT THE SIGHT OF ITTUESDAY AFTERNOON.>> IT FUNNY HOW PEOPLE WANTTO DISPLAY THEIR RIGHTS.EVERYBODY HAS FREEDOM OF SPEECH.AT THE SAME TIME, I THINK IT ISNOT WHAT YOU DO, BUT HOW YOU DOIT.CASEY: POLICE WERE STAGED NEARTHE BARRICADED MONUMENTTHROUGHOUT THE DAY.>> I WOULD SAY TO THEPROTESTERS, VOICE YOUR OPINION,BE PASSIONATE, BUT DO NOT BEUNSAFE.DO NOT PUT CITIZENS OR POLICEOFFICERS IN A POSITION WHEREPEOPLE COULD GET HEART -- GETHURT.>> OUTSIDE CITY PARK, VOLUNTEERSCLEANING SPRAY PAINT FROM THESTATUE.>> I HAVE HAD THREATS, NOTESDROPPED OFF TO MY HOUSE AND I AMFOR ME AND MY FAMILY, BUT I AMGOING TO COME OUT HERE AND CLEANBECAUSE I DO NOT WHAT TO SEETHIS IN MY CITY.CASEY: A M DEBATED NEARBYWHETHER THE CITY SHOULD JUSTRENAME IT.I DO NOT THINK ANYBODY IN THECITY OR COUNTRY KNOWS WHO THATMAN IS BY SITE.I SAY JUST WE SAY IT IS JOHNSMITH, LEAVE THE STATUE.CASEY: MAYOR LANDRIEU SAYS THETIME FOR DISCUSSION IS OVER.

The city said it is moving forward with removing the P.G.T. Beauregard monument despite new claims involving the City Park Improvement Association over land ownership.The discussions over who owns the monument arose last week when a pro-monument group, the Monumental Task Committee, said the New Orleans City Park Improvement Association, and not the city, owns the land and therefore the monument.The group encountered a setback when Civil District Court Judge Kern Reese ruled that the city owns all of City Park and can remove the monument. Supporters wanted to stop the removal with an injunction, which the judge denied.Reese said a previous state Supreme Court case on Audubon Park determined that the city owns all of City Park, which is managed by the improvement association.Rick Marksbury with the Monumental Task Committee sent WDSU a letter from the city to the Improvement Association about an apparent dispute over the land where the monument sits at the entrance to the park. Marksbury was involved with efforts last week to halt the monument's removal.Rebecca Dietz, city attorney, said in the letter dated Friday that the improvement association has asserted "certain legal rights to the property upon which the monument is situated."Dietz said the Improvement Association is aware that the city wants to remove the monument and recognizes the group's authority to manage and maintain the park, but that the city does not agree with the improvement association's assertions.The city said it plans to resolve the issues in an "amicable and expeditious manner." She said there will be a 30-day negotiating period to resolve the land dispute or "initiate mediation to resolve said claims."Erin Burns, a spokesperson for Mayor Mitch Landrieu, said the city's authority to remove the monument has been "affirmed by the courts."She said the letter, which was also signed by the Improvement Association, shows that the two sides agree to discuss, over the next 30 days, land ownership questions the Improvement Association might have."However, as the letter confirms, the City Park Improvement Association acknowledges that the city can and will move forward with removal of the monument," Burns said.Marksbury said he plans to go to the 4th Circuit Court of Appeals on Tuesday to ask for a temporary restraining order. He said he will also appeal to the Louisiana Supreme Court, if necessary.The improvement association has not issued a statement to WDSU.This is a developing story. Stay with WDSU.com for updates.Keep up with local news, weather and current events with the WDSU app here. Sign up for our email newsletters to get breaking news right in your inbox. Click here to sign up!

NEW ORLEANS —

The city said it is moving forward with removing the P.G.T. Beauregard monument despite new claims involving the City Park Improvement Association over land ownership.

The discussions over who owns the monument arose last week when a pro-monument group, the Monumental Task Committee, said the New Orleans City Park Improvement Association, and not the city, owns the land and therefore the monument.

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The group encountered a setback when Civil District Court Judge Kern Reese ruled that the city owns all of City Park and can remove the monument. Supporters wanted to stop the removal with an injunction, which the judge denied.

Reese said a previous state Supreme Court case on Audubon Park determined that the city owns all of City Park, which is managed by the improvement association.

Rick Marksbury with the Monumental Task Committee sent WDSU a letter from the city to the Improvement Association about an apparent dispute over the land where the monument sits at the entrance to the park. Marksbury was involved with efforts last week to halt the monument's removal.

Rebecca Dietz, city attorney, said in the letter dated Friday that the improvement association has asserted "certain legal rights to the property upon which the monument is situated."

Dietz said the Improvement Association is aware that the city wants to remove the monument and recognizes the group's authority to manage and maintain the park, but that the city does not agree with the improvement association's assertions.

The city said it plans to resolve the issues in an "amicable and expeditious manner." She said there will be a 30-day negotiating period to resolve the land dispute or "initiate mediation to resolve said claims."

Erin Burns, a spokesperson for Mayor Mitch Landrieu, said the city's authority to remove the monument has been "affirmed by the courts."

She said the letter, which was also signed by the Improvement Association, shows that the two sides agree to discuss, over the next 30 days, land ownership questions the Improvement Association might have.

"However, as the letter confirms, the City Park Improvement Association acknowledges that the city can and will move forward with removal of the monument," Burns said.

Marksbury said he plans to go to the 4th Circuit Court of Appeals on Tuesday to ask for a temporary restraining order. He said he will also appeal to the Louisiana Supreme Court, if necessary.